Archive for June, 2017

What Is The Cost of Minority Purchasing Policies?

Monday, June 12th, 2017

What Is The Cost of Minority Purchasing Policies?

June 12, 2017

 

 

What Is The Cost of Minority Purchasing Policies?

 

There has recently been a lot of discussion in the City and the County governments about the amount of minority purchasing and LOSB (locally owned small business).

Both governments have spent a lot of time on studies about how to expand the opportunity of minorities and LOSBs to get a bigger share of the public purchasing pie.

It is difficult to pull together the total cost of these efforts but the 2017 City of Memphis adopted budget shows $895,000 dollars under the title “EQUAL BUSINESS OPPORTUNITY AND DEVELOPMENT PROGRAM”.

Shelby County Commissioners voted to rehire consultants Mason Tillman Associates at a cost of $80,000 to help rewrite the county’s procurement procedures.

The 8-4 vote followed a debate on whether a consultant was needed, whether it could be done locally and whether the contract included litigation support.

Mason Tillman conducted the county’s $310,000 disparity study, which analyzed purchasing data from Jan. 1 2012 to Dec. 31, 2014. They found that contracts went overwhelmingly to non-minority males and that 55 percent of the contracts were awarded to firms outside of the county.

I share their desire to expand their share of the pie and allow qualified vendors to get experience and expertise in this area. My concern is the cost to the taxpayers for this expanded sharing.

The ordinance allows a bidding preference as follows. 5% for contracts up to $500,000 and under, 3% for contracts greater than $500,000 and under $1 million and 2% for contracts greater than $1 million. For construction contracts over $2 million a 2% preference will be given to the general contractor when they include LOSB who collectively have 50% of the total prime contract.

This all sounds very complicated and could involve some serious money.

Again let me say that the ability to help LOSBs to grow and gain experience is a good thing as long as it is limited in cost and time in the future. These businesses should use the public money preference and experience to grow their capabilities so that the major part of their future business will be private sector business.

Now my main concern is seeing these LOSB and minority contracts online with final contract amount and competitive bids clearly shown and the amount of preference, if any, shown online.

For example if the City or the County puts out a bid for cleaning supplies. The taxpayers should be able to see the request for proposals (RFPs).  When the bids are opened, the public should be able to see the bids of all bidders on line. Then when the contract is awarded, the public should be able to see the winning low bidder and the contract amount and all other higher bids. If the winning bidder is not the low bidder, then an explanation should be given publically on line for the choice of the successful bidder selection and the cost preference calculation.  Unless I have missed something online, that is not the current procedure.

In July of 2016 I asked the City and the County for their procedures and here is what they replied.

05/26/2016

Joe Saino

Memphis TN

RE: PUBLIC RECORDS REQUEST of 5/26/2016, Reference # W003337-052616

Dear Saino,

The City received a public records request from you on 5/26/2016. Your request mentioned “When sealed bids are received on a project or item, are the various bids put on line for the public to see and is the low bidder selected and if not are the reasons available for the public to see for the reason that the low bidder is not selected?”

 

Per the custodian:

Once sealed bids are opened and a project is awarded, the losing bids are not placed online—but can be requested via Open Records.  The winning bid is attached to the resulting contract.    If the lowest bid is not chosen, the Division must supply a letter justifying the reasons for recommending that the award be made to a different bidder. (see Section 10.3.1 of the Purchasing Policies and Procedures Manual)

10.3.1 Bid Award. If the purchase was procured via competitive sealed bidding or multi-step sealed bidding, the City will award the purchase order or contract to the lowest and best bidder. The B&C must be accompanied by a copy of the bid tabulation sheet. The bid tabulation sheet must list all bids submitted in response to the solicitation and be signed by the personnel who completed the bid tabulation sheet. If the division recommends that the purchase order or contract be awarded to one other than the lowest bidder, a full and complete statement of the reasons must accompany the recommendation, for review and approval by the Purchasing Agent.

 

This completes your public records request with the City of Memphis.

Sincerely,

Public Records Office

City of Memphis

 

THE FOLLOWING IS AN EMAIL RESPONSE TO A QUESTION TO HARVEY KENNEDY AT THE COUNTY ABOUT RESULTS OF SELAED BIDS.

 

Mr. Saino,

 

In response to your questions:

 

  1. If it is a sealed bid, each vendor can review the results online in Mercury Commerce. If it is an RFP, vendors will have to make a public records request and all of the information can be viewed.
  2. There are other criteria for RFP’s and all bids must meet specifications.  Cost is always an important factor but not the only basis for award.  I could provide you with an evaluation sheet for one of our bids if you would like to see one.

 

 

Harvey Kennedy

Chief Administrative Officer

Shelby County Government

 

As you see it is possible to get this information but it is not easy. Why not put this information online so that the public can look and see the all the bids and the reasons for the selection if not the low bid.

I would like anyone reading this posting that has experience in this public purchasing area to let me know what is really happening. Also I will be asking public officials why the taxpayers cannot know this information and the cost of these policies without having to put in a public records request.

What do you think?